Offering a conservative counterbalance to the extreme left-coast liberalism of The Huffington Post

Thursday, May 28, 2009

SCOTUS MAY OVERTURN SOTOMAYOR IN THE RICCI v DeSTEFFANO CASE - SOMETHING TO BE HOPED FOR, FOR MANY, MANY REASONS

With his nomination of Judge Sonia Sotomayorfor the U.S. Supreme Court,President Obama has abandonedall pretense of being a post-partisan president.While he may like to think of himselfas a thoughtful moderatesoaring above the issuesthat divide America,his actions reveal what hides under that hopeful lining.

Presidents usually nominate judgesthat espouse their philosophy.So what does this nomination tell us about Mr. Obama's true colors?

Even the liberal establishment worries that Judge Sotomayor tilts too far to the left. New Republic essayist Jeffrey Rosen reports that fellow liberals who have watched or worked with her closely "expressed questions about her temperament, her judicial craftsmanship, and... [they have said] she is 'not that smart and kind of a bully on the bench.' "

A suspiciously high number of her decisions have been overruled by higher courts. Wendy Long of the Judicial Confirmation Network said that record shows "she is far more of a liberal activist than even the current liberal activist Supreme Court."

There will be much to say in days to come about Judge Sotomayor's manifest lack of appropriate judicial restraint and about other problems in her record. For now, though, three red flags beg for attention.

Speaking at Duke University Law School in 2005, Judge Sotomayor said the "Court of Appeals is where policy is made." On its face, the assertion runs counter to more than 200 years of American legal tradition holding that courts are merely meant to interpret existing law, not actively make policy choices.

Immediately realizing she was on thin ice, the judge continued: ". . . and I know this is on tape and I should never say that, because we don't 'make' law." To much laughter, and with facial and hand gestures to indicate that her next line was to be taken with humor as a useful fiction, she added: "I'm not promoting it and I'm not advocating it."

But judicial activism is no joke. It undermines the Constitution and substitutes judicial whim for democratic decision-making. Unelected judges, answerable to no one but themselves and serving for life, can all too easily become dangerous oligarchs.

Judge Sotomayor seems to think that inherent racial and sexual differences are not simply quirks of genetics, but make some better than others. Consider her 2002 speech at the University of California-Berkeley School of Law.

"I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life," she said. "I simply do not know exactly what that difference will be in my judging. But I accept there will be some based on my gender and my Latina heritage."

She also accepted as potentially valid the idea that the "different perspectives" of "men and women of color" are due to "basic differences in logic in reasoning" due to "inherent physiological or cultural differences."

If a white male had said these openly racialist words in a prepared speech, his chances of reaching the U.S. Supreme Court would be gone in an instant. Instead, it seems that these outlandish remarks are what qualified Judge Sotomayor in Mr. Obama's eyes.

Judge Sotomayor seems to favor racial discrimination. Consider the case of Ricci v. DeStefano. In that controversial case, 19 white firemen were denied promotion because no blacks scored high enough on a race-neutral test to also be promoted. Judge Sotomayor ruled against the white firefighters.

If Mr. Obama wanted a judge with the right "empathy," he struck out with Judge Sotomayor. One of the white firefighters denied promotion, Frank Ricci, is dyslexic. In order to ace the promotion exam, he quit a second job, spent $1,000 for instruction materials, and spent many hours reading those books into an audio tape to help him study. For his extraordinary efforts, he finished sixth out of 77 applicants for promotion - but then was denied, simply because he is white.

Second Circuit Court of Appeals Judge Jose Cabranes, appointed by a Democratic president, complained that the ruling written by Judge Sotomayor and two other judges "contains no reference whatsoever to the constitutional claims at the core of this case."

The Supreme Court is expected to rule on Ricci v. DeStefano before the Senate votes on Judge Sotomayor's nomination. It would be an extraordinary rebuke were a current nominee to be overruled on such a controversial case by the very justices she is slated to join.

Judge Sotomayor seems to be the most radical person ever nominated for the high court. To continue to command public respect, the Senate will have to ask her some hard questions. The simplest one to ask will be the hardest one for her to answer: Given her statements against whites and males, can she be fair to all Americans?

Sotomayor reversed 60% by high court

With Judge Sonia Sotomayor already facing questions over her 60 percent reversal rate, the Supreme Court could dump another problem into her lap next month if, as many legal analysts predict, the court overturns one of her rulings upholding a race-based employment decision.

Three of the five majority opinions written by Judge Sotomayor for the 2nd Circuit Court of Appeals and reviewed by the Supreme Court were reversed, providing a potent line of attack raised by opponents Tuesday after President Obama announced he will nominate the 54-year-old Hispanic woman to the high court.

"Her high reversal rate alone should be enough for us to pause and take a good look at her record. Frankly, it is the Senates duty to do so," said Wendy Wright, president of Concerned Women for America.

But opponents have an uphill battle.

****************************************Barry Soetoro aka Barack Hussein Obamais aUSURPERbecause he is not eligible to be President of the United Statesbecause he is not a Natural Born Citizenas required by Article Two, Section One, Clause Fiveof the United States Constitution.This is a fact regardless ofwhere he was born (Mombassa, Hawaii, Chicago, Mecca or Mars).

He is not a Natural Born Citizenbecause he was not born ofTWO PARENTSBOTH OF WHOM WERE UNITED STATES CITIZENSat the time of his birth.His father was a subject/ciitizenof Kenya/Great Britain at the time of his birth and afterwards.

His mother was too young to pass on her US citizenshipaccording to the law in effect when he was born.

Check it out:http://www.TheObamaFile.com/ObamaNaturalBorn.htm

His usurpation cannot be corrected by Congress,it can only be corrected by his resignation, his removalorby an amendment to the Constitutionwhich will never happen.---- Leo Rugiens

**************************************************

WASHINGTON D.C., April 1, 2009: In a move certain to fuel the debate over Obama's qualifications for the presidency, the group "Americans for Freedom of Information" has released copies of President Obama's college transcripts from Occidental College. Released today, the transcript indicates that Obama, under the name Barry Soetoro, received financial aid as a foreign student from Indonesia as an undergraduate at the school. The transcript was released by Occidental College in compliance with a court order in a suit brought by the group in the Superior Court of California. The transcript shows that Obama (Soetoro) applied for financial aid and was awarded a fellowship for foreign students from the Fulbright Foundation Scholarship program. To qualify, for the scholarship, a student must claim foreign citizenship. This document would seem to provide the smoking gun that many of Obama's detractors have been seeking.

The news has created a firestorm at the White House as the release casts increasing doubt about Obama's legitimacy and qualification to serve as president. When reached for comment in London, where he has been in meetings with British Prime Minister Gordon Brown, Obama smiled but refused comment on the issue. Meanwhile, White House press secretary Robert Gibbs scoffed at the report stating that this was obviously another attempt by a right-wing conservative group to discredit the president and undermine the administration's efforts to move the country in a new direction.

Britain's Daily Mail has also carried the story in a front-page article titled, "Obama Eligibility Questioned", leading some to speculate that the story may overshadow economic issues on Obama's first official visit to the U.K.

In a related matter, under growing pressure from several groups, Justice Antonin Scalia announced that the Supreme Court agreed on Tuesday to hear arguments concerning Obama's legal eligibility to serve as President in a case brought by Leo Donofrio of New Jersey. This lawsuit claims Obama's dual citizenship disqualified him from serving as president. Donofrio's case is just one of 18 suits brought by citizens demanding proof of Obama's citizenship or qualification to serve as president.

Gary Kreep of the United States Justice Foundation has released the results of their investigation of Obama's campaign spending. This study estimates that Obama has spent upwards of $950,000 in campaign funds in the past year with eleven law firms in 12 states for legal resources to block disclosure of any of his personal records. Mr. Kreep indicated that the investigation is still ongoing but that the final report will be provided to the U.S. attorney general, Eric Holder. Mr. Holder has refused to comment on the matter.

According to Associated Press story shown below, Obama's tramscripts from Occidential College show that he was an undergradraduate at the school under the name Barry Soetoro, and received financial aid as a foreign student from Indonesia. I did a search using "Smoking gun finally found."Here are a few of the websites that came up. None said it was false.

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About Me

A Texan who loves the truth and hates the lying, cheating, and deliberate prevarication that characterizes so much of our civic discourse these days.
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RIPOSTE, n. 1. Fencing: a quick thrust after parrying a lunge 2. a quick sharp return in speech or action; counterstroke.
- The Random House Dictionary of the English Language...........
You can contact me by sending an email to me at: leorugiens23@gmail.com